Reunification of Labor and Workforce Development

SECTION 48.   Chapter 23 of the General Laws, as amended by section 554 of chapter 26 of the acts of 2003, is hereby further amended by striking sections 1 through 4 inclusive, and inserting in place thereof the following sections:-

Section 1. (a) Within the executive office of economic development, there shall be a department of labor and workforce development, in this chapter called the department. The mission of the department shall be to ensure the efficient operation of agencies, which promote harmonious relations between employers and employees and the general welfare of workers and to develop, coordinate, and maintain a coherent workforce development system that fills the needs of employers for a skilled workforce and promotes lifelong learning among employees. All state departments, boards, commissions, and quasi-public entities and authorities shall cooperate and coordinate with the department in all activities involving workforce development to achieve this goal.
          (b) Subject to appropriation, the department shall be provided with such offices in Boston and elsewhere in the commonwealth as may be approved by the governor and may expend sums for other necessary expenses of said department. Said department may accept gifts or grants of money or property, whether real or personal, from any source, public or private, including, but not limited to, the United States of America or its agencies, for the purpose of assisting the departments in the discharge of their duties.

Section 2. (a) The director shall be the executive and administrative head of the department and shall be responsible for administering and enforcing the laws relative to the department and to each administrative unit thereof.
          (b) The director shall be appointed by the governor, in conjunction with the secretary, for a term coterminous with the governor and shall not be subject to chapter 31 or section 9A of chapter 30. Upon expiration of the term of office of the director or in the event of a vacancy, the governor shall appoint a successor for a term coterminous with the governor. The director shall devote his full time during business hours to the duties of his office.
          (c) The director shall receive such salary as the governor shall determine, provided that such salary shall be equivalent to the salary received by the director of business and technology, director of labor and workforce development, or the director of consumer affairs and business regulation.

Section 3. (a) Within the department, there shall be the following agencies and divisions: the division of industrial accidents, the board of conciliation and arbitration, the state labor relations commission, the joint labor-management committee, the division of occupational safety, the division of unemployment assistance, the one-stop career centers, the state workforce investment board, the division of apprentice training, the division of career services, the commonwealth corporation, and the workforce training fund. The division of apprentice training shall administer the provisions of sections 11E to 11W, inclusive of chapter 23, the division of career services shall administer the provisions of section 25 of this chapter, and the other divisions shall administer provisions as the director deems necessary to administer and to enforce the department's obligations. The Commonwealth Corporation shall cooperate with the department where appropriate, and as approved by the secretary and in consultation with the director and the president of the Commonwealth Corporation.
          (b) The duties of the department shall include, and the department shall have authority and responsibility over, the administration and enforcement of section 3, 5, 9H and 11A; the provisions of chapter 111F; the provisions of chapters 149, with the exception of section 160 to 168A, and 151; the provisions of chapter 151A; and the provisions of subsections (b), (c), (e) and (f) of section 197B of chapter 111. Notwithstanding any general or special law to the contrary, the attorney general shall have exclusive authority to conduct field investigations, inspections, and civil and criminal prosecutions with respect to, and otherwise enforce, said chapters 149 and laws pertaining to wages, hours and working conditions, child labor and workplace safety and fair competition for bidders on public construction, except the laws pertaining to lead and asbestos hazards and workplace hygienic standards which the department shall enforce.
          (c) The division of industrial accidents, the labor relations commission, the joint labor-management committee, and the board of conciliation shall not be subject to the jurisdiction of the department of labor and workforce development, except to the extent of compliance with reasonable requests from the director for the sharing of information which does not interfere with the efficient and independent functioning of the offices, divisions or agencies.
          (d) The following funds shall be within the division of unemployment assistance: the Unemployment Insurance Trust Fund and the Medical Security Trust Fund.

Section 3A. There shall be a surcharge on fees assessed by the division of occupational safety within the department of labor and workforce development for the licensure, registration or certification of certain professionals, and on fees assessed for the renewal or duplication of such licenses, registrations or certifications, in accordance with the provisions of this section. The amount of the surcharge shall be as follows: a $25 annual surcharge to those persons licensed or certified individually by the division of occupational safety to perform deleading services; a $25 annual surcharge to those persons licensed or certified individually by the division of occupational safety to perform asbestos abatement services; a $50 annual surcharge to those persons licensed or certified on behalf of corporate and other classifications of businesses by the division of occupational safety to perform deleading services; a $50 annual surcharge to those persons licensed or certified on behalf of corporate and other classifications of businesses by the division of occupational safety to perform asbestos abatement services; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide asbestos abatement analytical services; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide asbestos abatement training; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide deleading training; and a $50 annual surcharge to those persons licensed or registered to operate an employment agency as defined by section 46A of chapter 140. Said surcharges shall be collected by the division of occupational safety and transmitted to the treasurer for deposit into the General Fund.

Section 4. The director may employ, for periods not exceeding 90 days, such experts as may be necessary to assist the department in the performance of any duty imposed upon it by law, and such employment shall be exempt from chapter 31. Except as otherwise provided, the director may employ and remove such inspectors, investigators, clerks and other assistants as the work of the department may require. Such number of inspectors as the commissioner may deem necessary shall be persons who, before their employment as such, have had at least 3 years' experience as building construction workmen. The commissioner may require that certain inspectors in the department, not more than 7 in number, shall be persons qualified by training and experience in matters relating to health and sanitation. All inspectors and other permanent employees of the department shall devote their full time to the affairs of the department. All directors and inspectors and such other employees as may be designated by the commissioner shall, before entering upon their duties, be sworn to the faithful performance thereof. The number of inspectors heretofore authorized by law may be increased only with the approval of the governor and the council.